Phoenix Paint & Varnish Co. v. John T. Lewis & Bros.
Court of Appeals for the D.C. Circuit
Hearing on an appeal from a decision of the Commissioner of Patents in a trademark interference case. The facts are stated in the opinion.
1Opinion of the CourtJustice Kobb
This is an appeal from the decision of the Commissioner of Patents awarding priority of adoption and use of the trademark “Phoenix” to John T. Lewis & Bros. Company, the appellee herein.
The John T. Lewis & Bros. Company and its predecessors have used this mark continuously on paint colors and paste-paint since 1860. The company is located at Philadelphia,. Pennsylvania. In 1892, more than thirty years after its adoption and use by appellee, the Phoenix Paint & Varnish Company [the appellant] was organized in Philadelphia, and commenced to use this mark on ready mixed paints, which use has…
2Cases cited6 opinions
- McLean v. FlemingSupreme Court of the United States · 1878
- Menendez v. HoltSupreme Court of the United States · 1888
- Collins Co. v. Oliver Ames & Sons Corp.U.S. Circuit Court for the District of Southern New York · 1882
- Godillot v. American Grocery Co.U.S. Circuit Court for the District of New Jersey · 1896
- Smith v. ReynoldsU.S. Circuit Court for the District of Southern New York · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Philadelphia Inquirer Co. v. CoeCourt of Appeals for the D.C. Circuit · 1942